Legal Question in Personal Injury in Georgia

Re: tort claims act

No. This is not a tort claims case. It is a matter of whether the county agency is protected by immunity. You should consult with a local attorney because all of the facts need to be discussed.

Re: tort claims act

The first thing is to determine whether the county is protected by sovereign immunity. Please contact our office.

Re: tort claims act

No. The Tort Claims Act applies to tort claims against the State of Georgia. Claims against a county are brought primarily under case law. There are some statutes which would come into play however. The most notable would be the "ante litem notice" statute which requires you to notify the county of the claim by certified mail wthin one year of the event or you waive the claim.There are some technical requirements with that ,too.I took over a death case once where the judge had ruled the notice letter was not detailed enough and part of the client's case had been tossed out.The client then fired the lawyer who screwed up and hired me. It was all I could do to save even the remaining part of the case--but I was able to. There is also the question of governmental immunity. There are many traps for the unwary when one litigates against a county government and the lawyers who represent counties know all of them. Do not try to do this yourself. If you do you will inadvertantly mess up and your mother's case will be thrown out.Frankly, most lawyers don't know how to handle cases against a county or municipal government. Get an expert in personal injury litigation to handle this case. Ron Lowry